Republic of the Philippines

Office of the President

HOUSING AND LAND USE REGULATORY BOARD
Northern Luzon Region

WENCESLAO P. KIAT SUBDIVISION

HOA, INC., as represented by
TOMAS T. GOLAYAN,
Complainant,

HLURB CASE NO.

- versus- NLR-II-HOA-C-071218-003

ELVIRA A. KIAT, et al.,

Respondents.

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ANSWER
I, Bryan B. Bartolome , Filipino citizen, of legal age, married, and a resident of Purok 6,
San Fabian, Echague, Isabela, after having been duly sworn in accordance with law, hereby
depose and say:

1. That I received a summon from the Housing and Land Use Regulatory Board, Northern
Luzon Region last September 20, 2018 to file a written answer or counter-affidavit to the
alleged complaint of Mr. Tomas T. Golayan.
2. That in the alleged complaint, I bought from Elvira A. Kiat a parcel of her land,
specifically Lot No. 43, which was supposed to be part of an open space.
3. That in 2014, Elvira A. Kiat offered me to buy the assailed parcel of land.
4. That before I accepted her offer, I visited the said parcel of land and as an ordinary man,
I did not notice any distinction from the place to consider it as a subdivision. There was
no entrance gate, no guard or even a fence segregating the subdivision from other private
land owners. Also, there were no improvements, the roads were still rough roads and
there is even a road that is connected to the other road of private land owners.
5. That the time I visited the said parcel of land, no one from the homeowners stopped me
from buying or even informed me the status of the said parcel of land.
6. That also on October 28, 2014, Elvira A. Kiat and I executed a Deed of Conditional Sale
on the said parcel of land. That upon payment of the unpaid balance, we agreed to
execute a Deed of Absolute Sale on the said parcel of land.
7. That using the Deed of Conditional Sale, I applied a building permit from the Local
Government Unit of Echague, Isabela and subsequently, the latter issued me the said
permit.
8. That upon issuance of the said permit, I constructed a building on the said parcel of land.
 9. That during the construction of the said building, no one from the neighboring
landowners stopped me from building on or even informed me the status of the said
land.
10. That three (3) years after buying the said parcel of land, on October 14, 2017, the
homeowners represented by Mr. Tomas T. Golayan brought a complaint before your
office questioning how I bought the assailed parcel of land.
11. That on December 11, 2017, a Certificate to File Action was issued by the Office of the
Lupong Tagapamaya of our barangay without inviting me to participate in the mediation
or conciliation proceeding.
12. That the issuance of the Certificate to File Action of the barangay without inviting me to
hear my side was prejudicial on my part because I did not even defend myself.
13. That if I was only invited and requested me to answer the alleged complaints, I will not
hesitate to answer and to raise my side and if that happened, there is a possibility that
this case was already mediated or reconciled in the barangay level and was not even
reach your office causing you for additional workload.
14. That the complaint was filed directly into your office without even exhausting all legal
administrative remedies.
15. That on December 13, 2017, a decision from your office was rendered ordering Mrs.
Kiat to refrain from selling/disposing and/or erecting any structures within the open
spaces particularly lots 44 and 46.
16. That on the said decision, Lot No. 43 was not included among the express enumerated
lots that should not be sold/disposed and/or erecting any structures.
17. That from the antecedent facts, I was a buyer in good faith and at the same time a builder
in good faith.
18. WHEREFORE, in the light of the foregoing, it is most respectfully prayed that I must be
enjoined from any proceedings regarding on the complaint represented by Mr. Golayan.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ......... day of

..................... , 20__ in ..................................... Philippines.

BRYAN B. BARTOLOME
Affiant

SUBSCRIBED AND SWORN before me this........ day of ........................... 20__, by

............................................. who exhibited to me his CTC No. ................................... issued on
................................. at ...........................................

Notary Public

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Page No. .........;
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Series of 20__.